Woman requests to withdraw plea in principal to murder case

By ANGEL McCURDY / Daily News

Published: Tuesday, July 9, 2013 at 01:47 PM.

CRESTVIEW —

Nicole Allen’s request that her no contest plea be withdrawn will push her murder case back at least a few months.

Allen, 28, was scheduled to appear in court Monday to be sentenced on one count of principal to third-degree murder and 10 counts of child neglect. She faced 65 years in prison after pleading no contest May 17, just days before her trial was scheduled.

“If you ask me, she’s jerking the system,” Assistant State Attorney Bobby Elmore, who is prosecuting the case, said Tuesday. “We were prepared to go to trial. Witnesses were scheduled to be here and then she entered a plea. Now she’s written a letter to the judge. To me, it seems like she just thought about it and said, ‘I just don’t like it. I’m going to try and get out of it.’ ”

Allen was arrested after her fiancé’s son, 2-year-old Logan Sherwin, died Dec. 29, 2011, after he was found unresponsive in his bed.

First responders found the boy malnourished and with bruising all over his body and a large bump on his head. His 3-year-old sister, Olivia, also had bruising and appeared to have been abused.

Grant Sherwin, Allen’s fiancé and Logan’s biological father, told police the boy was being potty trained and had fallen off the toilet and hit his head.

Sherwin was convicted of one count of cruelty toward a child and 10 counts of child neglect. He was sentenced in late May to 20 years in prison, the maximum allowed under state law.

Elmore said Allen sent a letter to Okaloosa County Circuit Judge Michael Flowers asking that her plea be withdrawn. Ryan Mynard, Allen’s attorney, also has asked that he be removed from representing her.

Elmore said Flowers likely will schedule another hearing to determine whether Allen can withdraw her plea. If Flowers accepts Allen’s request, she will be appointed a new attorney and likely will face a trial six months to a year later.

“This could go on for a while,” Elmore said. “This is not unusual. My guess is she got cold feet.”

Nicole Allen’s request that her no contest plea be withdrawn will push her murder case back at least a few months.

Allen, 28, was scheduled to appear in court Monday to be sentenced on one count of principal to third-degree murder and 10 counts of child neglect. She faced 65 years in prison after pleading no contest May 17, just days before her trial was scheduled.

“If you ask me, she’s jerking the system,” Assistant State Attorney Bobby Elmore, who is prosecuting the case, said Tuesday. “We were prepared to go to trial. Witnesses were scheduled to be here and then she entered a plea. Now she’s written a letter to the judge. To me, it seems like she just thought about it and said, ‘I just don’t like it. I’m going to try and get out of it.’ ”

Allen was arrested after her fiancé’s son, 2-year-old Logan Sherwin, died Dec. 29, 2011, after he was found unresponsive in his bed.

First responders found the boy malnourished and with bruising all over his body and a large bump on his head. His 3-year-old sister, Olivia, also had bruising and appeared to have been abused.

Grant Sherwin, Allen’s fiancé and Logan’s biological father, told police the boy was being potty trained and had fallen off the toilet and hit his head.

Sherwin was convicted of one count of cruelty toward a child and 10 counts of child neglect. He was sentenced in late May to 20 years in prison, the maximum allowed under state law.

Elmore said Allen sent a letter to Okaloosa County Circuit Judge Michael Flowers asking that her plea be withdrawn. Ryan Mynard, Allen’s attorney, also has asked that he be removed from representing her.

Elmore said Flowers likely will schedule another hearing to determine whether Allen can withdraw her plea. If Flowers accepts Allen’s request, she will be appointed a new attorney and likely will face a trial six months to a year later.

“This could go on for a while,” Elmore said. “This is not unusual. My guess is she got cold feet.”